Legal Opinion
INSURANCE COMPANY OF THE WEST, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant
Court of Appeals for the Federal Circuit
Decided March 23, 2001No. 00-5039UnpublishedCited by 142 opinions
1Opinion of the Court
DECISION
DYK, Circuit Judge.
This case requires us to decide whether a subrogee, after stepping into the shoes of a government contractor, may rely on the waiver of sovereign immunity in the Tucker Act, 28 U.S.C. § 1491, and bring suit against the United States. We hold that the Supreme Court’s decision in Dep’t of the Army v. Blue Fox, Inc., 525 U.S. 255, 119 S.Ct. 687, 142 L.Ed.2d 718 (1999), did not upset the longstanding rule that such a suit is not barred by the doctrine of sovereign immunity, and that this case is governed by the Supreme Court’s earlier decision in United States v. Aetna…
2Cases cited30 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- United States v. ShabaniSupreme Court of the United States · 1994
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
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3Cited by142 opinions
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- Casa De Cambio Comdiv S.A., De C v. V. United StatesCourt of Appeals for the Federal Circuit · 2002
- Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
- American Insurance v. United StatesUnited States Court of Federal Claims · 2004
- Lumbermens Mutual Casualty Co. v. United StatesCourt of Appeals for the Federal Circuit · 2011
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